Los Angeles Times

10-year term too light, court rules

An appellate panel orders resentenci­ng for an Orange County man who sodomized a 3-year-old girl.

- By Brittny Mejia brittny.mejia@latimes.com Twitter: @Brittny_Mejia

An appeals court this week threw out an Orange County judge’s controvers­ial 10-year sentence of a man who sodomized a 3-year-old girl.

California’s 4th District Court of Appeal concluded Tuesday that Kevin RojanoNiet­o should serve at least 25 years and ordered a resentenci­ng. A resentenci­ng date was not immediatel­y set.

Rojano-Nieto, then 19, was convicted in 2014 of sodomizing the toddler, a relative, who had wandered into a garage where he was playing video games.

The girl told her mother what happened and was taken to a hospital, where a nurse performed a sexual assault exam.

Rojano-Nieto was arrested the same day and eventually confessed, stating that the sodomy lasted for “five seconds.”

He faced a minimum 25year prison term.

Last year, Orange County Superior Court Judge M. Marc Kelly found himself in a firestorm when he sentenced Rojano-Nieto to 10 years, stating that the higher sentence would be “cruel and unusual punishment.”

At the time of the sentencing, Orange County supervisor­s were calling for the judge’s resignatio­n, and thousands signed petitions condemning his actions.

The appellate court concluded that a 25-year-to-life sentence is not “so disproport­ionate” to the crime.

“We conclude that Rojano committed a grave and serious offense when he sodomized Jane Doe,” the ruling read. “Therefore, a sentence of 25 years to life is not grossly disproport­ionate to the crime and does not constitute cruel and unusual punishment under the 8th Amendment to the United States Constituti­on.”

The district attorney’s office, which had appealed the sentence, said in a statement that it applauded the decision.

“This was a good day for child victims of brutal sex assaults and the people of Orange County,” Orange County Dist. Atty. Tony Rackauckas said.

 ?? Associated Press ?? KEVIN ROJANONIET­O was 19 when he was onvicted. His sentence raised an outcry.
Associated Press KEVIN ROJANONIET­O was 19 when he was onvicted. His sentence raised an outcry.

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